On 26 December 2020 the Standing Committee of the National People's Congress passed the Decision on the Establishment of the IP Court at the Hainan Free Trade Port. The decision took effect on 1 January 2021. The Hainan IP Court, which is the fourth IP court in China, has jurisdiction over the following IP matters in Hainan Province:

  • first-instance civil and administrative cases that are highly technical, including disputes which involve:
    • patents;
    • technical secrets;
    • computer software;
    • new plant varieties;
    • integrated circuit layout designs;
    • recognition of well-known trademarks; and
    • monopoly;
  • first-instance civil, administrative and criminal IP cases governed by the Intermediate Court of Hainan Province, other than the aforementioned matters;
  • appeal or prosecutorial protests filed against first-instance civil, administrative and criminal IP decisions or verdicts rendered by the courts at a basic level in Hainan Province; and
  • other first-instance cases designated by the Supreme People's Court.

The Hainan High Court has jurisdiction over any appeals filed against the Hainan IP Court's first-instance decisions.